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Understanding Comparative Negligence in Florida

comparative negligence
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If you or someone close to you has ever been involved in a personal injury lawsuit, you must have come across the term "comparative negligence." It is a legal term used to determine who should pay and how much they should pay when there is more than one party responsible for an accident. In this blog post, we will be taking a closer look at comparative negligence in Florida, how it works, and its recent changes.

Comparative Negligence in Florida


In Florida, comparative negligence determines the extent of fault a person has in an accident. In other words, it measures the liable ratio of each party involved in an accident and assigns a percentage of fault to each. Florida follows the "pure comparative negligence "system, which means that even if you are 99% responsible for an accident, you can still collect damages from the other parties. However, your recovery award will be reduced by your percentage of fault.


In March 2023, Governor Ron DeSantis signed a new law regarding comparative negligence. According to this law, if you are more than 50% responsible for your accident, you cannot collect damages from the other involved parties. This means that if you are found to be 51% at fault for an accident, the other party will not be liable to compensate you for the damage you suffered. However, if you are found to be 50%or less at fault for the accident, you can still collect damages from the other involved parties.


It's important to note that this new law only applies to non-medical negligence cases. In medical negligence cases, the "pure comparative negligence" system still applies. This means that if a patient is found to be partially responsible for their injury due to their own actions, they can still recover damages from the healthcare provider responsible.

Gwyneth Paltrow’s Skiing Accident


Gwyneth Paltrow's skiing accident has recently become a hot topic in the legal world of comparative negligence. Paltrow got into an accident on the ski slopes, and another skier sued her for causing the accident. Paltrow, in turn, countersued and claimed that the other skier was at fault. When the verdict came out, the jury found Paltrow to be 100% not at fault. This means that the entire burden of the damages has fallen on the other skier.


This case is so interesting because if Paltrow had been found even partially at fault (say, for 20%), she would have had to pay 20% of the damages incurred by the other skier. By getting a 100% verdict, she has completely eliminated her liability. This case shows the importance of the jury's decisions in comparative negligence cases.

Every Case is Unique

It's important to remember that every case, every claim, every injury is unique and specific to the individual who experiences it. Suppose you've found yourself in a situation where you were injured in an accident that wasn't your fault. In that case, you may be facing rising medical bills, lingering injuries, or an inability to provide for your family due to lost wages. Seeking medical attention as soon as possible is crucial, but so is finding the right law firm to fight for your rights. A skilled and aggressive attorney can ensure you get the compensation you deserve and hold the responsible party accountable. It's important to collect as much information as possible at the accident scene and contact an attorney after seeking medical attention. Remember, you don't have to face this alone.


Understanding comparative negligence and how it works is crucial in personal injury cases. In Florida, the recent changes brought by Governor Ron DeSantis have brought a significant shift in the state's legal system. By following the "pure comparative negligence" system, Florida allows even the most at-fault party to recover damages from other involved parties. However, the new law now states that the party responsible for more than 50% of the accident cannot collect damages. The Gwyneth Paltrow skiing accident has demonstrated how a 100% verdict can eliminate liability. In any personal injury case, seeking legal counsel to ensure your rights are protected is always advisable.

Contact Experienced Personal Injury Attorneys for Help


The personal injury attorneys at Roller Rubinstein are ready to fight for the compensation you deserve. Contact us today at (954) 828-0333 or request a FREE, no-obligation case evaluation online with one of our experienced lawyers. We will answer your questions and provide recommendations for your next steps to get justice.




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